HomeMy WebLinkAbout04/19/1994, C-10 - CALIFORNIA UNIFORM TOBACCO CONTROL INITIATIVE MEETIN
dllRI���II�l�ll�� city Of San l LUIS OBISPO 4.1g-Ig
DATE:
COUNCIL AGENDA REPORT ITEM NUMBER: -/
FROM: Ken Hampian, Assistant City Administrative Officer
Prepared By: Deb Hossli, Assistant to the City Administrative Officerot
SUBJECT: California Uniform Tobacco Control Initiative
CAO RECOMMENDATION: Adopt a resolution opposing the California Uniform Tobacco
Control Initiative.
DISCUSSION:
The tobacco industry is currently gathering signatures to put the "California Uniform
Tobacco Control Initiative"on the November 1994 ballot (they need approximately 425,000
signatures by early May to qualify). The Initiative would prohibit all local controls on
tobacco, repeal all current local anti-smoking ordinances and replace local anti-smoking
ordinances with a weak statewide anti-smoking law. In the case of the City of San Luis
Obispo,which has one of the strongest anti-smoking ordinances in the nation, passage of this
Initiative would result in a significant step backward in public heath policy. As an example,
the Initiative calls for allowing indoor smoking in 25% of the area of any restaurant, hotel,
or public place. The City's current Ordinance precludes smoking in all of these areas.
Health organizations throughout the State and the League of California Cities are opposing
the Initiative. These groups contend that the Initiative is a "deceptive attempt" on the part
of the tobacco industry to limit local government intervention in the area of tobacco control
policy and repeal the 100 stronger anti-smoking ordinances already in place in cities and
counties throughout the State. As a result, a resolution has been prepared opposing the
Initiative. Staff recommends Council adoption of the resolution.
ATTACHMENTS:
1 - Resolution
2 - Summary of Initiative
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RESOLUTION NO. (1994 SERIES)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
OPPOSING THE CALIFORNIA UNIFORM TOBACCO CONTROL ACT
WHEREAS, tobacco use is responsible for the death of over 400,000 people every
year and is the number one cause of death in the United States;
WHEREAS, Environmental Tobacco Smoke (ETS) has been categorized as a cancer
causing substance by the Environmental Protection Agency; and exposure to sidestream or
second hand smoke kills an estimated 40,000 persons every year;
WHEREAS, the State of California as well as many counties and municipalities
conduct aggressive public education campaigns to discourage tobacco use, particularly
among children;
WHEREAS, the City of San Luis Obispo passed a smoking control ordinance in
August 1990 which bans smoking in all enclosed public places in order to protect people
against exposure to tobacco smoke;
WHEREAS,an initiative is being circulated deceptively titled the California Uniform
Tobacco Control Act which would repeal the local smoking control ordinance passed in San
Luis Obispo and replace it with a statewide law which could permit smoking in every
restaurant and workplace in the State;
WHEREAS, the initiative prohibits local government from ever passing any tobacco
control legislation in the future, and prohibits any organization, except local law
enforcement,from monitoring the illegal sale of cigarettes to minors through Youth Tobacco
Purchase Surveys or "sting" operations utilizing minors attempting to purchase tobacco;
ATTACHMENT 1 ��zo-oZ
Page 2
RESOLUTION NO. (1994 SERIES)
WHEREAS, the ventilation standards adopted in the initiative for application to
indoor smoking will remove the odor of smoke from the air, but will not eliminate the
cancer causing substances which pose the threat to public health;
WHEREAS, the initiative has not yet qualified for the ballot, and widespread public
exposure to the misleading and detrimental provisions of the initiative may serve to
discourage registered voters from signing the petition;
NOW,THEREFORE, BE IT RESOLVED that the City of San Luis Obispo opposes
this initiative and urges residents not to sign the petition;
Upon motion of seconded by and on
the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was adopted this _ day of 1994.
Mayor Peg Pinard
ATTEST:
Diane R. Gladwell, City Clerk.
APPROVED:
1 tt Tl &smore.crs
Date: March 9, 1994
He No: SA94RF0003
The Attorney General of California has prepared the following title and summary of
the chief purpose and points of the proposed measure:
SMOKING AND TOBACCO PRODUCTS. STATEWIDE REGULATION.
INITIATIVE STATUTE. Establishes statewide smoking and tobacco regulations..
Repeals California Indoor Clean Air Act of 1976. Repeals and preempts local smoking
and tobacco regulations. Bans public smoking with significant exceptions. Permits
smoking sections in restaurants and employee cafeterias. Bars not regulated. Permits
smoking in private offices, and business conference rooms with occupants' consent.
Exempts from smoking regulations gaming clubs, bingo establishments, racetracks,
sports facility private boxes and smoking lounges. Regulates location of.tobacco
vending machines and billboards. Increases penalties for tobacco purchases by minors.
Permits amendment of tobacco regulations by two-thirds vote of Legislature. Summary
of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and
Iocal governments: Unknown effects on public-sector health care costs and state
tobacco tax revenues, depending on the extent there are changes in the consumption of
tobacco products and/or exposure to second-hand smoke. State costs to enforce the
measure would be around $1 million annually; local enforcement costs would probably
not be significant.
ATTACHMENT 2